[Capr-announce] CAPR News January 2008

[Jeff Wright]

CAPR NEWS

THE MONTHLY NEWSLETTER FROM CITIZENS’ ALLIANCE FOR PROPERTY RIGHTS
January, 2008


Appeals Court Hears Oral Arguments in Clearing and Grading Ordinance
Challenge

The Washington Division I Court of Appeals heard oral arguments January 23rd
in the case “Citizens’ Alliance for Property Rights v. Ron Sims” at the
School of Law on the University of Washington Campus.  The case concerns the
controversial King County “Clearing and Grading Ordinance” which drastically
limited rural property owners’ rights to use their property.  At question
was whether it is lawful for the County to place a blanket restriction only
on rural owners which dictates that they may only use 35% of their property
if they own five acres or more, or 50% if they own less that five acres,
without showing a specific reason for the restriction.

Pacific Legal Foundation (PLF) filed the case in 2005 on behalf of several
property owners and Citizens’ Alliance shortly after the King County Council
enacted the ordinance along with the Critical Areas Ordinance (CAO).  PLF
filed the case as a “Facial Claim” with the contention that certain property
owners were damaged when the laws went into effect as opposed to the more
typical legal remedy where owners would have to show that they had been
damaged and then seek redress.  Asking for justice after a land-use taking
is a virtual legal black hole for a property owner.

The case was originally heard in October of 2006 by the Snohomish County
Superior Court.  As filed, it contained complaints against sections of the
CAO and the Clearing and Grading Ordinance.  Judge Ronald Castleberry ruled
that the complaints against the CAO were not valid but allowed the complaint
against the use restrictions to go forward.  However, he dismissed that
portion in early 2007 after a request for Summary Judgment by King County.
PLF then successfully requested an appeal of the case with the contention
that Castleberry had put forth a partial ruling.

CAPR Board members who attended the hearing were in agreement that the
three-judge panel of the Appeals Court understood the real issue in dispute,
especially in light of their harsh questioning of the prosecutor arguing for
King Co.

A ruling is expected from the Appeals Court later this year.


CAPR Banquet Set for February 7th

There is still time to register for the CAPR Banquet but you must have it in
by Friday, February 1st.  Registrations to date are ahead of expectations
and, with an expected surge of new ones in the next week, we will have a
nice great crowd on hand to celebrate and support CAPR!

Don’t miss out!  It is easy to register online.  So easy, that many who
received mailed invitations have registered this way.  Just go to
www.proprights.org <http://www.proprights.org/>  and follow the simple
instructions on the homepage.


House Bill Introduced in Attempt to Overturn “Biggers”

The Washington Supreme Court ruling in the case “Biggers v. Bainbridge
Island “ was barely in the filing cabinet before Rep. Pat Lantz (D-Gig
Harbor) introduced a bill to undo it.  As reported here last month, the
Court ruled that local governments could not use the state Shorelines
Management Act to impose development moratoria.  There seems to be a trend
in the legislature that when it doesn’t like a legal ruling it will come up
with a “fix” to work around the ruling.  This has happened even to the point
where it has made a pre-emptive “strike” with legislation to neuter an
expected court decision.  Reference last years U.S. Supreme Court ruling
that the Washington Education Association (WEA) was improperly using some
funds for political lobbying.  In this instance, the legislature changed the
law to allow the use of bogus accounting procedures that will allow WEA (and
others) to continue to ply their trade.

Some will say that the legislature is properly fixing laws, regardless of
the underlying constitutionality or fairness.  You decide!


Odds and Ends

Are you a GMA “Wonk”?
If so, you might want to send your suggestions to the Department of
Community, Trade and Development (CTED), which is reviewing administrative
guidelines used to apply the Growth Management Act (GMA).  Administrative
guidelines are the “nuts and bolts” of how laws are applied.  They can apply
the law as it was intended or, as has happened with the GMA, twist it into
an ugly beast.  You can provide your thoughts by going to the CTED website
<http://www.cted.wa.gov/site/1043/default.aspx> .

Matching Contributions
If you work for a company, which adds matching funds to charitable
contributions, remember the CAPR Legal Fund.  All donations to the Legal
Fund are tax deductible and the additional contribution by your employer
makes leverages your contribution towards protecting your property rights.


CAPR Meeting Schedule
The CAPR Banquet will take the place of the regular February meeting of the
King Co. Chapter.  Hope to see you there!



Jeff Wright
Secretary, CAPR
E-mail:        jeff at proprights.org <mailto:jeff at proprights.org>


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